(a)

(1) The commissioner shall establish reasonable fees for the following:

(A) The review of plans and examinations of all applications for certificates of approval for new dam and reservoir construction. A schedule for project review fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3). In establishing the fee schedule, the commissioner shall consider the height of the dam, the size of the reservoir, and the downstream hazard category. The total project review fee for a proposed dam shall not exceed one percent (1%) of the total estimated cost of the dam, as determined by the owner and approved by the commissioner.

(B) The conducting of safety inspections of existing dams, reservoirs, and downstream floodplains. A schedule of safety inspection fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3). In establishing the fee schedule for safety inspections of existing dams, reservoirs, and downstream floodplains, the commissioner shall consider the height and size of the dam and reservoir and the established hazard category. The total fee payable for the safety inspection of any existing single dam during any calendar year shall not exceed the amount stated in § 68-203-103(h), irrespective of the number of inspections made of such dam during any calendar year.

(2) Notwithstanding any law to the contrary, no fee shall be imposed for safety inspection of existing dams, reservoirs, and downstream floodplains constructed, operated, or maintained by a watershed district pursuant to chapter 6 of this title.

(b) All fees collected under this chapter shall be placed in a special account in the environmental protection fund created by § 68-203-101 and earmarked, allocated, and appropriated to the division of water supply of the department of environment and conservation for the purpose of complying with this chapter. Any unexpended balance of the special account together with any interest earned on the balance in any fiscal year shall not revert to the general fund, but shall remain in the special account and continue to be available for the activities of the division under this chapter.

(c) The fees described in this section are not refundable.